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HomeMy WebLinkAboutRES 561 Draft 01 2022-2024Jsv as H COUNTY OF HAWAI`Z STATE OF HAWAPI RESOLUTION NO. 561- 24 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LANDS AND/OR A CONSERVATION EASEMENT FOR ALL OR A PORTION OF THE PROPERTY IDENTIFIED AS TAX MAP KEYS: (3) 7-6-021:016 AND 017, SITUATED IN HOLUALOA, DISTRICT OF NORTH KONA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND. WHEREAS, Chapter 2, Article 42, of the Hawaii County Code 1983 (2016 Edition, as amended) (hereinafter "the Code") establishes a Public Access, Open Space, and Natural Resources Preservation Fund; and WHEREAS, Section 2-214.1(c) of the Code provides that the Public Access, Open Space, and Natural Resources Preservation Fund "shall be used for acquiring lands or property entitlements in the County of Hawaii for the following purposes; (1) Public outdoor recreation and education, including access to beaches and mountains; (2) Preservation of historic or culturally important land areas and sites; (3) Protection of natural resources, including buffer zones; (4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (5) Protection of watershed lands to preserve water quality and water supply"; and WHEREAS, Section 2-217 of the Code provides, in part, that the duties and responsibilities of the Public Access, Open Space, and Natural Resources Preservation Commission (hereinafter "the Commission") include developing and submitting to the Mayor an initial prioritized list of qualifying lands worthy of preservation and updating the list annually by December 31 of each year; and WHEREAS, Connecting the H61ualoa Royal Complex, as shown in "Exhibit A", attached hereto and incorporated herein by reference, consists of approximately 68,84 acres, and is included on the prioritized list of lands to be considered for acquisition as priority number 8, as submitted by the Commission in its 2022 Annual Report to the Mayor, dated December 23, 2022; and WHEREAS, Section 2-218(a) of the Code provides, in pertinent part, that: "[t]he council shall, by resolution, select the land or lands to be preserved..."; and "[w]here there are multiple lands under consideration at any one time, priority shall be given to coastal lands..."; and WHEREAS, Connecting the H61ualoa Royal Complex, located in the district of North Kona, is approximately 68.84 acres and is significant to the County of Hawaii for the following reasons: (1) Acquisition would fulfill the purpose of preserving of historic or culturally important land and sites that promote preservation and perpetuation of our native Hawaii culture, tradition, and customary practices; and (2) Acquisition would fulfill the purpose of protecting sacred burial grounds, natural resources, and buffer• zones; and (3) Acquisition would preserve and teach the "living history" of the archeological structures, lava tube burial site, agricultural terracing dating back to pre -Contact era to Historic era agriculture, and habitat for native hoary bat, native `oi (hawk) and native moth; and WHEREAS, there are no legal restrictions on the property that prohibit a fee simple purchase and/or conservation easement, however the landowner is not currently a willing seller• desiring to participate in the PONC program; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that pursuant to Chapter 2, Article 42 of the Hawaii County Code, the Director of Finance is hereby authorized to enter• into negotiations for the acquisition of land and/or a conservation easement for all or a portion of the property identified as tax map keys: (3) 7-6-021:016 and 017 situated in the district of North Kona, utilizing the Public Access, Open Space, and Natural Resources Preservation Fund. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of tax map keys: (3) 7-6-021:016 and 017 situated in the district of North Kona, in accordance with the terms of this resolution. l-j BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable Mayor Mitch Roth, the Director of Finance, and the Public Access, Open Space, and Natural Resources Preservation Commission. Dated at Hilo , Hawai`i, this 7th day of August , 20 24 . INTRODUCED BY: C UNCIL MEM ER, COUNTY OF HAWAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawai`i EVANS X GALIMBA X I hereby certify that the foregoing RESOLUTION was by INABA X the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA X County of Hawaii on August 7, 2024 KANEALI`I-KLEINFELDER X KIERKIEWICZ X ATTEST: KIMBALL X LEE LOY X VILLEGAS X 6 3 0 0 L75 Reference: C-941/LAAC -66 Y CLERK RPERSON&PRESIDING OFFICER RESOLUTION NO. 561 24 3 PRIORITY #8: Connecting the Holualoa Royal Complex (Scored 53%) TMK No. (3) 7-6-021:016 and 017, consisting of approx.. 68.84 total acres in Holualoa, North Kona, Hawaii. Anticipated Use • Property links the Walua Trail and the ancient Kealakowa'a Heiau of the Sadie Seymour Botanical Gardens with the Kealakowa'a trail, providing recreational and cultural access mauka to makai. U.S. Geological survey identified an ancient trail running the entire length of the property, mauka to makai in 1927. The trail was mapped again in 1936, by U. S. Department of Commerce, National Oceanic and Atmospheric Administration. These historical trails are intended to be protected for the benefit of the public. • Access is from Kuakini Highway and the neighboring subdivisions, and numerous agricultural terraces and archaeological sites could be used as a part of a living classroom • Important for its watershed, some parts of land are susceptible to real estate development. Significance and Management • This 70 acre open -space buffer between dense urban developments on three sides, with potential public access mauka from the Kuakini Highway, linking two established historically and recreationally important local amenities, the Walua Trail and Sadie EXHIBIT A Seymour Botanical Gardens. It features historically important archeological structures, lava tube burial, agricultural terracing dating back to pre -Contact era to Historic era agriculture, and habitat for native hoary bat, native'io (hawk) and native moth. • There are two major drainages on the properties, thus limiting the use of the land for development, as only a small portion is not prone to flooding. • Members of the community are reported to be willing to provide long term management, apply for grants and other means to sustain and restore trails and historical amenities. Special Opportunity for Acquisition • The property is open to a fee simple purchase and/or a conservation easement. However, the landowner is not a willing seller at this time. • The zoning extension of record to develop this land has expired and this land could become available on short notice. • Applicant has sought no other funding partners Strengths and Weaknesses • Acquisition of open space corridor in a densely developed urban cityscape • Protection of historic trails, sites and agricultural terracing. Trail along rock wall has not been verified. • Protection of rare, threatened and endangered species • Protection of existing watershed, including two flood prone drainages • Presence of non-native plants would require clearing to uncover archeological features I • ..fir .. .�. ._ '.- - Photo and Map courtesy of Ms. Deborah I. Ward Summary Report by Ms. Deborah J. Ward, PONC Commissioner